Kinlaw v. Kinlaw

District Court of Appeal of Florida

Kinlaw v. Kinlaw

310 So. 2d 428, 1975 Fla. App. LEXIS 14042

CourtDistrict Court of Appeal of Florida

DecidedApril 4, 1975

DocketNo. 75-12

StatusPublished

This text of 310 So. 2d 428 (Kinlaw v. Kinlaw) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kinlaw v. Kinlaw, 310 So. 2d 428, 1975 Fla. App. LEXIS 14042 (Fla. Ct. App. 1975).

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Opinion

PER CURIAM.

Upon review of the record and after due consideration of the briefs of the parties and oral argument we are of the opinion that the trial court’s order of December 11, 1974, ordering the parties to enter into an agreement dividing their property is in effect a court ordered property settlement between the parties contrary to the principles set forth in Niemann v. Niemann, Fla.App.1974, 294 So.2d 415, and Coscia v. Coscia, Fla.App.1972, 262 So.2d 254. Accordingly, the order of December 11, 1974 is vacated and set aside and the cause remanded to the trial court with respectful directions to render a decision in accordance with the pleadings and proof with due regard to the principles set forth in the above cited cases.

CROSS, MAGER, and DOWNEY, JJ„ concur.

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PER CURIAM.

Upon review of the record and after due consideration of the briefs of the parties and oral argument we are of the opinion that the trial court’s order of December 11, 1974, ordering the parties to enter into an agreement dividing their property is in effect a court ordered property settlement between the parties contrary to the principles set forth in Niemann v. Niemann, Fla.App.1974, 294 So.2d 415, and Coscia v. Coscia, Fla.App.1972, 262 So.2d 254. Accordingly, the order of December 11, 1974 is vacated and set aside and the cause remanded to the trial court with respectful directions to render a decision in accordance with the pleadings and proof with due regard to the principles set forth in the above cited cases.

CROSS, MAGER, and DOWNEY, JJ„ concur.

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Bluebook (online)

310 So. 2d 428, 1975 Fla. App. LEXIS 14042, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kinlaw-v-kinlaw-fladistctapp-1975.

Opinion

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